PEOPLE v. SIMPSON


116 A.D.2d 65 (1986)

The People of the State of New York, Appellant, v. Kenneth Simpson, Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

March 18, 1986


Attorney(s) appearing for the Case

Howard Bromberg of counsel (Amyjane Rettew with him on the brief; Robert M. Morgenthau, District Attorney, attorney), for appellant.

Seymour Frank of counsel (Audrey Hirsch with him on the brief; Seymour Frank & Associates, attorneys), for respondent.

KUPFERMAN, J. P., SANDLER, CARRO and MILONAS, JJ., concur.


FEIN, J.

After conviction of criminal possession of a weapon in the third degree, defendant's motion to set aside the jury verdict because of ineffective assistance of counsel at trial was granted. Defendant's motion to set aside the verdict because the alleged prosecutorial use of peremptory challenges to exclude blacks from the jury denied him a fair trial was denied. The People's appeal challenges the order...

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